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Is rent in advance a deposit?

Is rent in advance a deposit?

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Advance Rent: Piggot v Slaven and Johnson v. OldThere are two important cases which clarify (though not necessarily decisively) the position on landlords accepting rent payments in advance. One concerns the accepting of the final two months rent in advance, a common devi

Minimum EPC Rating for Rental Properties after 2018

Minimum EPC Rating for Rental Properties after 2018

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Following some confusion and debate about a deferral for the new standards following the MEES* deadline in April 2018, the new government has confirmed that changes to the EPC rules, preventing landlords from renting out homes below rating E, will definitely be introduced from April 2018.Accordin

Leasehold Repairs and Disputes

Leasehold Repairs and Disputes

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Responsibility for Repairs: Who is responsible and who is obliged to pay for repairs to leasehold blocks and flats? What is the procedure if repairs are unnecessarily delayed or not carried out to the leaseholders satisfaction? What is the Section 20 procedure?T

How to do a rent review - Part 1

How to do a rent review - Part 1

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In 1978, I published a pamphlet "The Framework of Rent Review Clauses" which was given free publicity in leading law and property journals. In 1983, I published a 28-page booklet ' How to do a Rent Review; priced at �5 it was an instant hit and in a letter to me was described by Professor Joh

Returning Deposits when in breach of the rules'�

Returning Deposits when in breach of the rules'�

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Test Case Yeomans v Newell [2016]:When a landlord is in breach of the tenancy deposit rules he or she is prevented from serving a valid s21 notice for possession proceedings. Despite the fact that the tenancy deposit legislation has been in force since April 2007, landlords

Tenancy Deposits, Superstrike and the Deregulation Act

Tenancy Deposits, Superstrike and the Deregulation Act

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Test Case: Superstrike Ltd v Marino. RodriguesThe case involved a landlord who had taken a deposit from the tenant before the deposit protection rules came into force in April 2007, since changed by the Deregulation Act 2015 see below. When the tenancy later became a st

Tenant's Liability to Pay Council Tax

Tenant's Liability to Pay Council Tax

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Test Case: Leeds City Council v Broadley [2016]This case and the subsequent High Court ruling has brought some clarification about who is liable to pay council tax, tenant or landlord, when a rental property is vacant due to a tenant vacating early, that is, before the tena

Tenant's Notice-to-Quit ' Periodic Tenancies

Tenant's Notice-to-Quit ' Periodic Tenancies

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Ending a Tenancy: What are the rules governing the ending of a statutory periodic tenancy (SPT) by the tenant, especially when the periods of the tenancy are not the standard 1 month?The answer to this question is not easily defined as it is not covered by one rule or a sing

mydeposits Issues Deposit Scam Warning

mydeposits Issues Deposit Scam Warning

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Deposit Scheme Scam: Mydeposits says it is aware of a new scam being used by a fraudulent company imitating mydeposits and targeting landlords and letting agent members of the mydeposits Custodial scheme in England & Wales.The scam uses an email which imitates one from m

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Landlords swarm as the Renters Rights Bill sends shock waves through the property market

Landlords swarm as the Renters Rights Bill sends shock waves through the property market

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Landlords packed the National Landlord Investment Show in London, sounding the alarm over the game-changing Renters Rights Bill. With no-fault evictions on the chopping block, experts warn that the bill could cripple landlords with skyrocketing legal costs and a loss of control over their properties

Trickle vents can be one of the best ways to combat damp and mould in rental properties

Trickle vents can be one of the best ways to combat damp and mould in rental properties

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Trickle vents can be one of the best ways to combat damp and mould, according to one architect who explains why houses are getting damper, ahead of Awaab’s Law.

Labour MP reiterates calls for a short-lets registration scheme

Labour MP reiterates calls for a short-lets registration scheme

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A Labour MP has reiterated calls in the House of Commons this week for a short-lets registration scheme.

Tenants want speedier repairs rather than more regulation, reveals new LRG survey

Tenants want speedier repairs rather than more regulation, reveals new LRG survey

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More communication and speedier repairs would improve the relationship between tenants and landlords rather than more regulation, a new industry survey has revealed.

Number of rental homes stuck at same level for nine years - but the type of landlord has changed

Number of rental homes stuck at same level for nine years - but the type of landlord has changed

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Number of rental homes stuck at same level for nine years - but the type of landlord has changed

Landlords must be given time to adjust to Renter’s Rights Bill

Landlords must be given time to adjust to Renter’s Rights Bill

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The National Residential Landlords Association (NRLA) has predicted “confusion and chaos” unless the Government gives landlords sufficient time to adjust to new reforms.

Rent increase restrictions lead to sharp rise in tenants challenging rent hikes

Rent increase restrictions lead to sharp rise in tenants challenging rent hikes

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Temporary restrictions on rent increases in the Scottish private rented sector have led to a more than eightfold increase in renters challenging rent hikes.

Landlords in Northern Ireland face huge fines if they fail to comply with new electricity laws

Landlords in Northern Ireland face huge fines if they fail to comply with new electricity laws

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Landlords in Northern Ireland face large fines if they don’t comply with electrical safety rules introduced this week.

COMMENT: Spring Statement 2025 – how will it affect the property sector?

COMMENT: Spring Statement 2025 – how will it affect the property sector?

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Tom Entwistle reflects on the Spring Statement which he says was not so much an emergency budget, more an update on the state of the economy with a few tweaks.

Don’t fall foul of the discrimination laws 

Don’t fall foul of the discrimination laws 

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There are more discrimination laws on the way under the Renters’ Rights Bill

Landlord Action celebrates 25 years of helping private landlords recover their properties

Landlord Action celebrates 25 years of helping private landlords recover their properties

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Landlord Action is celebrating 25 years of successfully helping private landlords recover their properties.

Tax expert explains how to avoid being landed with a big BTL tax bill

Tax expert explains how to avoid being landed with a big BTL tax bill

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A tax expert has urged BTL investors to use or lose their annual capital gains tax (CGT) exemption to avoid being landed with a big tax bill.

Bank of England keeps interest rates at 4.5% amid inflation concerns

Bank of England keeps interest rates at 4.5% amid inflation concerns

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The Bank of England kept interest rates at 4.5% today amid fears that inflation is still a threat.

Newly qualified nurses struggle to afford to rent privately, Shelter claims

Newly qualified nurses struggle to afford to rent privately, Shelter claims

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Newly qualified nurses can’t afford to rent privately in almost half - 45% - of local authorities in England, according to new analysis from Shelter.

Landlords must not drag their heals over EPC ratings, warns bank director

Landlords must not drag their heals over EPC ratings, warns bank director

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Landlords must not to drag their heels when it comes to improving properties’ energy efficiency rating - or face potential issues with finding tradespeople and working with letting agents, a financial expert has warned.

More tenants are using alternative deposit schemes, new data reveals

More tenants are using alternative deposit schemes, new data reveals

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A growing number of tenants in the build-to-rent (BTR) sector are using deposit alternative products as many opt to invest a lump sum instead of locking it away in a traditional cash scheme.

Tenants who are on benefits must get the Government support they need, says Propertymark

Tenants who are on benefits must get the Government support they need, says Propertymark

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Benefit claimants must get the Government help they need once its welfare reforms take effect, an industry body has warned.

Fewer luxury homes to rent in London feeds into higher rents

Fewer luxury homes to rent in London feeds into higher rents

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A reduced supply of luxury rental homes in London is feeding into higher rents, which are now a third higher than before the pandemic, new research has revealed.

Rogue landlords come under attack from Labour MP Tom Hayes

Rogue landlords come under attack from Labour MP Tom Hayes

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Labour MP Tom Hayes has launched a survey to quiz tenants and landlords in his Bournemouth East constituency, in a bid to fix the “broken” rented sector.

WASPI women need to be fairly compensated after constituent was evicted, says MP

WASPI women need to be fairly compensated after constituent was evicted, says MP

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Liberal Democrat MP Sarah Dyke has called for WASPI women to be fairly compensated after one of her constituents was evicted.

‘Rentflation’ costs young people an extra £1,616, says Barclays

‘Rentflation’ costs young people an extra £1,616, says Barclays

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‘Rentflation’ has cost young people an extra £1,616 on their rent bill in the past year, according to new data from Barclays.

Tenants on benefits will be pushed into poverty, warns NRLA

Tenants on benefits will be pushed into poverty, warns NRLA

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Almost half of all private renters who receive Local Housing Allowance experience a shortfall between their payment and monthly rent, according to new analysis by the NRLA.

Landlords who fail to address damp and mould problems ahead of Awaab’s Law risk legal action

Landlords who fail to address damp and mould problems ahead of Awaab’s Law risk legal action

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Landlords who fail to address damp and mould problems ahead of Awaab’s Law risk legal action, reputational damage, and significant fines, an air quality monitoring firm has warned.

More companies are registered to hold buy-to-let property than for any other type of business

More companies are registered to hold buy-to-let property than for any other type of business

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More companies are registered to hold buy-to-let property than for any other type of business as investors seek to reduce their tax burden, new data reveals.

Landlords have "plenty of opportunities" despite interest rates expected to remain at 4.5%

Landlords have "plenty of opportunities" despite interest rates expected to remain at 4.5%

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Landlords still have 'plenty of opportunities’ despite interest rates expected to remain on hold this week, a specialist lender has suggested.

Number of tenants being asked for a guarantor could increase due to Renters’ Rights Bill, warns Generation Rent

Number of tenants being asked for a guarantor could increase due to Renters’ Rights Bill, warns Generation Rent

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The Renters’ Rights Bill could lead to an increase in the number of tenants being asked to provide a guarantor and to further discrimination, charities and campaign groups have warned

Double whammy for landlords as costs & complexity rise, while rent increases stall

Double whammy for landlords as costs & complexity rise, while rent increases stall

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Letting costs and complexity increase, while tenant affordability stalls...

Number of new licensing schemes lined up has surpassed last year’s total

Number of new licensing schemes lined up has surpassed last year’s total

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The number of licensing schemes lined up to launch this year has already surpassed last year’s total, as councils continue to put the financial squeeze on landlords.

Landlord avoids £29K rent repayment order after tribunal ruling

Landlord avoids £29K rent repayment order after tribunal ruling

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A landlord has avoided a £29,000 rent repayment order after a First Tier Property Tribunal ruled that he had been the victim of administrative failings by Southwark Council.

Renters' Rights Bill to be discussed by expert panel at National Landlord Investment Show

Renters' Rights Bill to be discussed by expert panel at National Landlord Investment Show

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The huge changes that the Renters' Rights Bill will introduce for private landlords will be addressed by a panel of top experts at this year’s National Landlord Investment Show.

Tenants likely to go for every target when tougher rent repayment orders take effect, warns solicitor

Tenants likely to go for every target when tougher rent repayment orders take effect, warns solicitor

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Tenants are likely to go after every plausible target when tougher rent repayment orders take effect later this year, a solicitor has warned.

Number of new tenancies agreed increases, Propertymark reveals

Number of new tenancies agreed increases, Propertymark reveals

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The average number of new tenancies agreed per lettings agent branch climbed to around eight in the first month of this year, a new report has revealed

Rogue landlords face revised penalties of up to £30,000 per offence, Haringey Council warns

Rogue landlords face revised penalties of up to £30,000 per offence, Haringey Council warns

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Haringey Council has introduced tougher fines for errant landlords in a bid to raise housing standards across the London borough.

Shrinking pool of rental homes continues to drive up rents, reports RICS

Shrinking pool of rental homes continues to drive up rents, reports RICS

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A shrinking pool of rental properties continued to drive up rents last month, despite reduced demand from tenants